EMERGENCY RULES
SOCIAL AND HEALTH SERVICES
(Health and Recovery Services Administration)
Purpose: To reinstate twelve-month continuous eligibility for children's medical. The governor has directed the Department of Social and Health Services to reinstate twelve-month continuous eligibility for the children's medical programs.
Citation of Existing Rules Affected by this Order: Amending WAC 388-416-0015.
Statutory Authority for Adoption: RCW 74.08.090, 74.09.530, and 74.09.415.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: Observing the time requirements of regular rule-making procedures would prevent potentially eligible children from continuing on Medicaid. The permanent rule was proposed under WSR 05-16-126 on August 3, 2005, and will be adopted soon.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: September 8, 2005.
Andy Fernando, Manager
Rules and Policies Assistance Unit
3554.2(2) For a child eligible for the newborn medical program, the certification period begins on the child's date of birth and continues through the end of the month of the child's first birthday.
(3) For a woman eligible for a medical program based on pregnancy, the certification period ends the last day of the month that includes the sixtieth day from the day the pregnancy ends.
(4) For families ((and children)) the certification
period is twelve months with a six-month report required as a
condition of eligibility as described in WAC 388-418-0011.
(5) For children, the certification period is twelve months. Eligibility is continuous without regard to changes in circumstances other than aging out of the program, moving out of state or death. When the medical assistance unit is also receiving benefits under a cash or food assistance program, the medical certification period is updated to begin anew at each:
(a) Approved application for cash or food assistance; or
(b) Completed eligibility review.
(((5))) (6) For an SSI-related person the certification
period is twelve months.
(((6))) (7) When the child turns nineteen the
certification period ends even if the twelve-month period is
not over. The certification period may be extended past the
end of the month the child turns nineteen when:
(a) The child is receiving inpatient services on the last day of the month the child turns nineteen;
(b) The inpatient stay continues into the following month or months; and
(c) The child remains eligible except for exceeding age nineteen.
(((7))) (8) A retroactive certification period can begin
up to three months immediately before the month of application
when:
(a) The client would have been eligible for medical assistance if the client had applied; and
(b) The client received covered medical services as described in WAC 388-529-0100.
(((8))) (9) If the client is eligible only during the
three-month retroactive period, that period is the only period
of certification.
(((9))) (10) Any months of a retroactive certification
period are added to the designated certification periods
described in this section.
(((10))) (11) For a child determined eligible for SCHIP
medical benefits as described in chapter 388-542 WAC:
(a) The certification periods are described in
subsections (1), (((4))) (5), and (((6))) (7) of this section;
(b) There is not a retroactive eligibility period as
described in subsections (((7), (8), and (9))) (8), (9), and
(10); and
(c) For a child who has creditable coverage at the time of application, the certification period begins on the first of the month after the child's creditable coverage is no longer in effect, if:
(i) All other SCHIP eligibility factors are met; and
(ii) An eligibility decision is made per WAC 388-406-0035.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, and 2004 c 54. 04-21-064, § 388-416-0015, filed 10/18/04, effective 11/18/04. Statutory Authority: RCW 74.08.090, 74.09.530, and 2003 c 10. 04-03-019, § 388-416-0015, filed 1/12/04, effective 2/12/04. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090 and 74.09.450. 00-08-002, § 388-416-0015, filed 3/22/00, effective 5/1/00. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-416-0015, filed 7/31/98, effective 9/1/98. Formerly 388-509-0970, 388-521-2105, 388-522-2210 and 388-522-2230.]